LAWS(MAD)-2024-7-97

A.M. NARAYANA BABU Vs. J. GEETHA

Decided On July 24, 2024
A.M. Narayana Babu Appellant
V/S
J. Geetha Respondents

JUDGEMENT

(1.) The unsuccessful Complainant, having lost before the Trial Court, has assailed the said Order, passed in S.T.C. No.1742 of 2015 on the file of learned District Munsif cum Judicial Magistrate, Sriperumbudur, dtd. 27/4/2017, in and by which the Respondent herein was acquitted in the case under Sec. 138 of the Negotiable Instruments Act (for short 'the Act'), has filed the present Appeal.

(2.) It is the case of the Appellant that the Respondent along with her husband had borrowed a sum of Rs.1,50,000.00 to meet out her urgent Financial needs from the Appellant. However, after much persuasion, the Respondent issued a Post-dated Cheque on 31/7/2015 for a sum of Rs.1,50,000.00 and when the Appellant presented the Cheque on 28/2/2015 for collection, but the same were returned by his Banker with the endorsement "Insufficient Funds" in the Account. Since the Respondent deliberately failed to pay the amount, the Appellant caused a Legal Notice, dtd. 27/8/2015 and the same was returned with an endorsement "no person found". Therefore, left with no other alternative, the Complaint was filed by the Appellant for an offence under Sec. 138 of the Act.

(3.) Upon examination of the Complainant on oath under Sec. 200 Cr.P.C. and perusing the records, the Court below, finding a prima facie case being made out, issued Summons to the Respondent and upon appearance, was provided with a copy of the Complaint and the Respondent pleaded not guilty.